EMBATTLED ex-Guyana Defence Force (GDF) Lieutenant Oliver Hinckson made another Court appearance yesterday, still facing charges of sedition and conspiracy to commit a terrorist act.

But the preliminary inquiry (PI) for the indictable cases did not begin and the 64-year-old veteran was further remanded to prison by Magistrate Gordon Gilhuys.

It is alleged that the accused, of Lot 167 Meadow Brook Gardens, Georgetown, last January 31, advocated terrorism and made a seditious speech to the public and news media, the purpose of which would bring hatred and contempt and promote public disorder.

In Court yesterday, Police Inspector Robert Tyndall, prosecuting, said he was not ready to proceed with the matters and Magistrate Gilhuys responded that, if the Prosecution is again not ready on Monday, he would grant bail to Hinckson.

The magistrate also set Monday to, once more, call and determine the future of two other cases in which the prisoner, since June 2006, has been charged with illegal possession of a firearm and ammunition.

One of the Defence Counsel, Mr. Nigel Hughes renewed his application for Hinckson to be allowed pre-trial freedom, pointing out that the Prosecution did not advance any reasons for continuing to oppose the request nor why the proceedings could not go on.

Noting that the issue has engaged the High Court, as well, the lawyer declared that, if the Acting Director of Public Prosecutions (DPP) (Ms. Shalimar Ali-Hack) had respected her office, she would have been present or have a representative offering an apology as to why the file is still at her chambers.

“They have extended no such courtesy. We are only on a merry-go-round for the past two weeks. The DPP has shown this Court a significant degree of disrespect,” he asserted.

According to him, the fact that the file was not even sent to Court meant the DPP’s Chambers was taking the magistrate for granted.

“This is absolute contempt of Court when they show such disregard,” Hughes said, urging the magistrate to dismiss the cases.

The magistrate observed that Hughes was making applications both in the High Court and the lower one and that, having been denied on the last occasion, the Defence approached the higher Court, as if it was a challenge to his decision.

Hughes replied that the Magistrate’s Court was the only one that could hear and determine Hinckson’s matter.

“What goes to the High Court is not an appeal to your decision but it is an original application,” the lawyer assured the Bench.

Concerning the gun-related charges against Hinckson, Hughes said, the last time, the magistrate based his refusal of bail on those allegations.

As such, because they were also fixed for yesterday, he expected that the Prosecution would have had witnesses ready.

However, when the names of three slated to testify were called, there was no appearance.

Another member of the Defence team, Mr. Vic Puran submitted that the magistrate’s actions must be judicial as much as his refusing bail should be legal.

He said Prosecutor Tyndall was calling witnesses who have already testified, including under cross-examination.

“June will be two years for this matter and what can the witnesses possibly say at this point?” asked third Defence Counsel, Mr. Mark Waldron.

The magistrate wanted to know why the policemen called were not attending Court.

“Something is wrong. This is getting out of hand now,” he said.

Magistrate Gilhuys told the Prosecutor he would have issued warrants for the absent trio if Tyndall could have gone into the witness box to swear that they were warned to attend yesterday.

But, if they are absent on Monday, certain actions would be taken, the magistrate indicated.

In the cases referred to, Hinckson and James Gibson, also an ex-soldier, faced joint charges of illegal possession of a firearm and ammunition on June 11, 2006.

Particulars of those offences said, on June 6, 2006, in an Aubrey Barker Street, South Ruimveldt house, in Georgetown, too, the defendants had a .380 pistol, 12 rounds of matching ammunition and twenty-six 12-gauge shotgun cartridges without licences for them.

They pleaded not guilty and were remanded to prison by then Acting Chief Magistrate Cecil Sullivan.